Myrtle Beach lifeguards selling chairs for profit led to one man drowning, family claims

Zerihun Wolde was an avid swimmer like two of his children, so when the family of four from Silver Springs, Maryland, had the chance for a rare family vacation, Myrtle Beach was an obvious choice.

But when a rip tide pulled him into the Atlantic around 11 a.m. on Aug. 24, 2018, the 41-year-old couldn’t get free and ended up drowning.

In a wrongful death civil suit filed in November 2019, attorneys for Wolde’s fiance, Mesawet Abel, said Lack’s Beach Service lifeguards lost U.S. Lifesaving Association certification because of its “dual role” business model. According to a search of its directory, the company remains uncertified by the organization.

On Monday, jury selection and opening statements began inside a 15th Judicial Circuit courtroom in Conway. The 12-person panel will decide if Wolde’s estate should be compensated for his death, and by how much.

Lack’s Beach Service, which offers lifeguard services and rental equipment to visitors under an exclusive franchise agreement with the city, is being sued on claims its personnel lacked appropriate training. Lawyers also allege they were too distracted to watch the water as “dual role” employees who also got commissions based on sales.

“Normally, if the rules are followed, swimmers don’t get in trouble or lose their life like Mr. Wolde did, because lifeguards are required by the rules to maintain constant water observation and if there is a life safety hazard, they are required to warn of that specific hazard on that specific day,” Mullins McLeod, an attorney for Abel, said.

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The city was initially named as a co-defendant but ultimately was dropped from the suit last month.

Lack’s Beach Service, which inked its contract with the city just four months before Wolde’s death, holds a franchise agreement with the city through 2025.

“It is undisputed in the aquatic safety community that a lifeguard’s sole responsibility is water observation,” McLeod said. “They (Lack’s Beach Service) are putting these kids in a position to fail, even if they were properly trained because they are giving them conflicting roles and responsibilities.”

Joseph Thompson, an attorney for Lack’s Beach Service, said Wolde and his family entered the beach from a private access point without researching water conditions or staffing ahead of time.

Find every public beach access point in Myrtle Beach with this interactive map

“Nobody is going to tell you anything from the witness stand about what happened in the water and what could have been seen,” he said.

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Under its deal with the city, Lack’s Beach Service is required to develop a lifeguard training curriculum and each staffer has to swim 500 meters in 12 minutes as part of their certification.

More than 20 witnesses are expected to be called, including Abel, her children and public safety officials from Horry County and Myrtle Beach.

On its website, the U.S. Lifesaving Association says swimmers on beaches patrolled by certified lifeguards have a one in 18 million chance of drowning, according to 10 years of reports from its affiliates.

Thompson said Lack’s Beach Service was simply following what was outlined in its agreement with Myrtle Beach at the time of Wolde’s death.

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“If you can’t change the outcome, there can’t be any liability,” Thompson said.